Seller’s Disclosure: Building Code Violations

You Must Disclose All Known Building Code Violations

When you are selling a property, you must make buyers aware of any fact that materially affects the property. If you have building code violations, or pending citations that are in the process of being recorded you must disclose all the details in writing prior to closing.  Failure to disclose building code violations can result in your home sale falling through or can lead to costly lawsuits.  Do the right thing in order to save yourself the headache.

How to Handle Building Code Violations in the Seller’s Disclosure

• The seller’s disclosure must be in writing
• The disclosure must state the existence and nature of the violations or proceedings
• The seller must provide a copy of the pleadings, notices, and other materials received by the seller
• State that the buyer agrees to be liable for correcting the code violations
• The buyer must sign and return a copy to you

Do Your Due Diligence

Your city or county may vary in additional rules, so it is best to find out about policies in advance. Review the Building Regulations section in your city’s Code of Ordinances for more information.  The Florida statute says that within five days after the transfer of the property, the seller must provide the code enforcement agency with the name and address of the new owner, and provide copies of the disclosure notices given to the buyer. A seller who violates this provision is guilty of fraud [125.69(2)(d)].   Always do your diligence and make sure you understand your rights and responsibilities as a seller from the start, it could save you time, effort, and money.

Visit the Community Connection tab for your city at Real-ativity’s Featured City Page to find contact information for the building department, code enforcement office, city hall, and public records.